Category Archives: Bid and Performance Bonds

One way for a construction contracting company to ensure access to critical relationships needed for sound business advice and for qualifying for surety credit is to partner with a professional surety bond producer, according to experts at the National Association of Surety Bond Producers (NASBP).

Most contractors know that surety bonds help establish their credentials, demonstrating their ability to perform through performance and payment bonds. However, they may not realize the full value of building a relationship with an experienced bond producer like BFBond.com / Bernard Fleischer & Sons Inc.

We help guide companies through the process of achieving surety credit and act in many capacities – mentors, educators, advisors – with construction firms to ensure that they mature and remain successful. Check out our Surety Bond Primer below:

A surety bond is a legally binding contract that makes sure three parties carry out their obligations: the surety company, obligee, and principal. The surety company is the one that provides assurance to the owner (obligee) that the contractor (principal) will carry out a contract. Being in the contracting business comes with many tasks one of which is being bonded. Bonding requires a contractor to know requirements of a project, type of bond and the amount involved. As a contractor, you should know that having a surety bond is not the same as securing insurance. A surety bond is meant to cushion the obligee against a shoddy or unfinished job. Below are tips that will assist you to get bonded as a contractor and make the process of getting bonded efficiently:

Understand how surety bonds work

Know the difference between insurance and surety bonds. Insurance protects your business but bonds don’t. A surety bond is an additional security feature for a client. There are three main types of bonds:

Bid bond

This a bond that guarantees a bid has been proposed with good intentions and the contractor will carry out stated obligations at the bidding price.

Performance bond

This is a surety bond that cushions the owner against financial loss in case the contractor fails to carry out the contract as specified in the terms and conditions.

Payment bond

This is a bond that guarantees that the contractor will meet expenses for paying a given cadre of workers, subcontractors, and suppliers of equipment.

Be acquainted with bond pricing

The prices of surety bonds are based on a percentage of the total value of the bond that is required. The bond premiums vary according to the type of bond, size, and duration. The variation is from 0.5% to 10%.

Partner with a credible surety agency

When you work with a credible agency like BFBond.com / Bernard Fleischer & Sons Inc. (Check out our Google Reviews!) you will get a bond that is affordable and fits into your job requirements. We take the time to research surety options available to you and help you decide what’s best for your unique situation.

Collusion is a word we hear a lot lately, did you know that it happens in the bidding process to gain an unfair advantage? According to Construction Business Owner Magazine, it happens in the construction industry by unscrupulous bidders.

Most public and some private companies require a competitive public bidding process to choose the best qualified contractors who will provide the lowest prices, the best services, and the most innovative solutions. The competitive process achieves those goals only when companies compete honestly and ethically and agree to the terms up front. Bid rigging disrupts this natural market competition and often results in shoddy work, cut corners and the use of subpar materials.

Bid rigging occurs when subcontractors (subs), who would otherwise have to compete for the job, covertly conspire to raise their prices or reduce the quality of goods or services to win the project. It’s a criminal act, and fraudsters can be investigated and prosecuted if collusion is discovered.

Here are four of the most common bid-rigging schemes.

Bid suppression—This scheme suppresses or limits the number of bids that will be accepted for the project. It occurs when a group of subcontractors secretly assent that some of the bidders will refrain from submitting a proposal. If the bid has already been submitted, the sub may withdraw it. This type of fraud breaches the competitive process so that a predetermined sub in the group will win the bid.

Complementary bidding—This scheme is similar to bid suppression. A group of subs conspires to throw the competitive process by predetermining who will win the bid. Unlike bid suppression, in complementary bidding schemes, all participants submit a proposal. Some of the bids will include exclusions or codicils that will disqualify them or render their submission incomplete or nonresponsive. Complementary bid-rigging groups ensure members can be part of the conspiratorial contractor and therefore be awarded a contract at some point for their participation in the fraud.

Bid rotation—Just as the name suggests, this fraud scheme involves a collusive group of subs who conspire to “take turns” winning projects. Participants know the others’ pricing up front and price their bids accordingly, thus removing any guesswork from the process.

Guaranteed subcontracting—In this bid-rigging scheme, conspirators are awarded pieces of the project in exchange for not submitting a bid that would grant them the entire scope of work. As such, participants have an equal opportunity to be the main sub on the project.

Unfortunately, many general contractors and developers may not even realize their projects involve bid rigging. The following checklist can assist the procurement team in deterring and detecting potential bid-rigging schemes.

Understand market conditions—Contractors and developers know the industry ebbs and flows based on the economy, and the competition and pricing follow suit. Pay attention to current bid pricing on comparable projects to keep a pulse on what things cost.

Restrict communication among bidders—Avoid opportunities for bidders to have visibility and contact with competitors. Refrain from hosting group jobsite visits, and use blind copy for any email communications.

Expand the list of potential bidders—Open the request-for-proposal (RFP) process to a broader group of subs or expand the geographical region to increase the diversity of bidders. Another option is to openly state the number of bids required for the RFP to be considered substantial.

Make non-collusion affidavits a standard practice—This should be a regular practice forbidders in all bid documents.

Clearly communicate bid requirements—Provide bid documents that explain what proposals should include and the criteria for their evaluation.

Exercise right of refusal—If the competition feels unfair or raises any red flags of collusion, be empowered to reject the bids and reopen the call for proposals.

Understanding and recognizing potential bid-rigging schemes and setting clear expectations and criteria in all bid documents can help general contractors and business owners achieve the best possible outcomes of their RFPs. More than that, though, is the importance of ensuring public bidding processes are fair, equitable and ethical, and protecting the integrity of the construction industry.

Keep this in mind when you bid, and keep us in mind when you need Bid, Performance, Payment, Maintenance, and Supply Bonds. Our online application makes it easy to apply for a bond and our excellent customer service (4.9 Stars on Google) and knowledgeable bond underwriters will make sure your bonding goes smoothly. Call us at 800.921.1008, visit us at BFBond.com to live chat with us, or apply for a bond with the link below.

Bid Bond:

A type of contract surety bond that
ensures a bidder for a supply or construction
contract will enter into the contract within the
stipulated timeframe if the company wins the bid.
Default results in the obligee (a government
agency, in this case) receiving the difference
between the amount of the principal’s bid and
the bid of the next low bidder or company
who qualifies for the contract, or the amount
of the bond.

Commercial Surety:

A type of surety bond that
can be required by state and local regulators in
a wide variety of situations to protect consumers
and taxpayers. Some of the most significant for
government policymakers include: license and
permit bonds, reclamation bonds, mortgage
broker bonds and subdivision bonds.

Contract Surety:

Surety bonds that involve
construction projects. In the event a contractor
defaults, contract surety bonds ensure funds
are available to complete the contract and pay
subcontractors, suppliers and laborers.

Fidelity Bond:

A bond a business seeks to
protect itself in the event of a loss incurred
because of employee dishonesty or misconduct.
Some states require these bonds for businesses,
such as title insurance companies and credit
unions, that do business with consumers.

License and Permit Bonds:

Statutes and
regulations require these bonds if a company
seeks to obtain a license or permit in a state
or local jurisdiction. If a principal violates its
obligations, this bond pays the obligee or
other third party.

Miller Act:

Law passed in 1935 that requires
performance and payment bonds for federal
construction projects over a designated
amount, currently for contracts over $150,000.

Money Transmitter Bond:

A surety bond that
guarantees money transmission companies
offer services in compliance with state or local
statutes and regulations.

Mortgage Bond:

A type of commercial surety
required by a state or local regulatory agency
for mortgage brokers to become licensed in
that state.

Obligee:

The entity that requires the bond
and is protected if there is a loss or default.

Payment Bond:

A bond given by a contractor
to guarantee payment to subcontractors,
laborers and suppliers for work performed
under the contract.

Performance Bond:

A bond that guarantees
performance of the terms of a written contract.

Premium:

Required by a surety company
from the principal for the issuance of a bond.
Performance and payment bonds come with
a one-time premium that typically equals up
to 2 percent of the contract price.

Principal:

Also called “obligor.” This is the
party who seeks the bond and is bound by the
underlying obligation.
Reclamation Bond: Required by a state
regulatory agency, such as the Department
of Environmental Quality, for a business that
seeks to mine or perform related activities on
public lands. These bonds provide a financial
guarantee that the public lands mined will
be restored.

Subcontractor Bond:

A bond that a general
contractor may require of a subcontractor,
which guarantees the subcontractor will
perform work in accordance with the terms of
the contract and will pay for certain labor and
materials under the contract.

Subdivision Bond:

Developers must get this
bond from a surety if they plan to develop a
plot in a municipality to sell lots or homes.
Local development authorities require
these bonds, which guarantee a developer’s
obligation that the project will adhere to state
and local statutes and regulations, before they
issue a development permit.

Surety:

Third party that issues the bond to the
principal and is responsible for fulfilling the
claim in the event of a default or loss.

Surety Bonds:

A written agreement where a
surety obligates itself to a second party, called
the obligee, to answer for the default of the
principal. In the case of public works contracts,
the obligee would be the state agency and the
principal would be the contractor.

Ever watch HGTV (Home & Garden Television) and witness the horror stories left behind by shady contractors? Things like homeowners without kitchens or baths for months. Police recently arrested 45-year-old Cary Grimm on charges of grand theft for doing just that. Customers say the contractor disappeared without completing the work that was he was contracted for.

One couple said their home remodeling project turned into a nightmare after a few weeks’ delay turned into a half a year battle. The complaints which total nearly $90,000 based on over a dozen complaints by customers that came in after Grimm exhibited at a local home show. How could a surety bond aka performance Bond have helped? These bonds ensure a contractor will perform work required in a contract or winning bid.

Bonds provide small contractors and customers with numerous benefits. The surety bond is a form of protection against contractor default due to faulty workmanship, late delivery or not using specified materials. The surety company helps the contractor avoid costly delays and contract disputes if the sub-contract defaults with their portion of the job by non-performance. Then the surety company will intervene to fulfill the contractor’s scope of work. When a project is bonded, there’s also an added layer of payment protection for workers and suppliers of the contractor.

Surety bonds help level the playing field, and allow a small contractor to compete in the free market, leading to lucrative contracting opportunities. Consumers and businesses feel more secure when hiring a bonded contractor. A contractor’s bond and insurance are important forms of protection for anyone who is taking on a construction project.

Furthermore; to avoid a Mechanics Lien, a Payment bond is suggested. Using this Surety Bond as a tool, gives owners assurance that all suppliers and sub-contractors are paid. Also suggested is an Ancillary bond to guarantee that non-material or performance requirements of a contract will be met. An example would be compliance with special terms, laws or regulations.

SURETY BOND: An agreement providing for monetary compensation should there be a failure to perform specified acts within a stated period. ACCOUNTING METHODS: For construction or building contractors, the two methods of accounting, both realistic and preferred by surety companies, are (a) the Completed Contract method, and (b) the Percentage-of-Completion method.

ADMINISTRATOR: A fiduciary appointed by a probate court to manage or distribute the assets of an estate of a person who died without leaving a will.

ADMINISTRATOR CUM TESTAMENTO ANNEXO OR WITH WILL ANNEXED: One appointed by a probate court to administer the estate where the deceased left a will but failed to name an executor or the one named as executor fails to qualify.

ADMINISTRATOR, CUM TESTAMENTO ANNEXO, DE BONIS NON: One appointed by a probate court to succeed an executor who has died, resigned, or been discharged before the administration is complete.

ADMINISTRATOR DE BONIS NON: One appointed by a probate court to succeed an administrator who has died, resigned or been discharged before the administration is complete.

ADMINISTRATOR PENDENTELITE: One appointed to preserve the assets of a decedent’s estate where the will is contested or other circumstances occur which delay qualification of an executor if there is a will or the appointment of an administrator if there is no will.

ADVANCE PAYMENT BOND: Guarantees repayment or liquidation by the principal of moneys advanced in connection with a construction or supply bond or other type of contract.

AGGREGATE LIABILITY CLAUSE: A clause in a third party license bond which limits the surety’s liability to the bond penalty regardless of the number of claims made against the bond.

ALCOHOL BOND: A general term describing a bond given in compliance with federal or state laws or regulations governing the sale, manufacture or warehousing of alcohol for beverage or non-beverage purposes. Where the alcohol is intended for beverage purposes, the bond is frequently referred to as a liquor bond or intoxicating liquor bond.

ANNUAL BOND: One written to cover contractors or bids awarded or submitted during an annual period or for a period terminating within a fiscal year.

APPEAL BOND: One filed in court by a party against whom a judgment has been rendered, in order to stay execution of the judgment pending appeal to a higher court, in hope of reversing the judgment. The bond guarantees that the judgment will be paid if the appeal fails.

APPLICATION:A questionnaire which must be completed, when required, by an applicant for a bond. It gives the company information about the applicant and contains his/her agreement to indemnify the surety in the event of loss, as well as his/her promise to pay the premium.

ASSETS: The items on a balance sheet showing the book value of property owned. For a surety this could include all funds, property, securities, etc., or the property of an estate, whether real or personal.

ATTACHMENT BOND – PLAINTIFF’S: Attachment is taking a defendant’s property into custody by a summary process from the court in advance of the trial on the merits of the case. It is taken as security for the payment of any judgment that may be recovered by the plaintiff in the action. Attachment is allowed only where the plaintiff alleges a statutory ground for it (e.g. defendant is a nonresident or is about to leave the jurisdiction or remove or conceal his/her property). The bond, which the plaintiff is required to furnish, provides for indemnity to the defendant against loss or damage in case it is finally decided that a statutory ground did not exist or the plaintiff fails to recover a judgment against the defendant.

ATTACHMENT – DEFENDANT’S BOND TO DISCHARGE OR RELEASE: When an attachment has been issued, a defendant may discharge the attachment by giving the bond conditioned for the payment of any judgment that may be rendered against him/her in the action, with interest and costs.

BID BOND: Given by a bidder for a supply or construction contract to guarantee that the bidder, if awarded the contract within the time stipulated, will enter into the contract and furnish the prescribed performance bond. Default will ordinarily result in liability for the difference between the amount of the principal’s bid and the bid of the next low bidder who can qualify for the contract. In any event, however, the liability of the surety is limited to the bid bond penalty.

BLANKET FIDELITY BOND: A bond which covers loss of money, merchandise, or other property owned by the insured or in which he/she has a pecuniary interest when such loss is due to dishonesty of his/her employees. All employees are covered under the bond unless specifically excluded.

BLANKET POSITION BOND: A blanket fidelity bond which covers all of the insured’s employees for a uniform amount on each so that if loss is caused by dishonest or fraudulent acts of two or more employees in collusion, recovery up to the amount of the bond may be made on each identifiable participating employee.

BLUE SKY BONDS: Many states control the sale of securities under regulations known as Blue Sky Laws. These laws are designed to prohibit the sale of worthless securities. The bonds required of security dealers indemnify purchasers against loss caused by false representations. The term Blue Sky Law originated when a court complained that certain stock was backed only by the blue sky.

BOND: Generally speaking, it is an agreement whereby one party, called the surety, obligates itself to a second party, called the obligee, to answer for the default of a third party, called the principal.

CANCELLATION CLAUSE: A clause in a bond which permits the surety to terminate its future liability by serving written notice upon the obligee.

CLAIMANT’S BOND: In cases where, pending final decision on the merits, property is released to one not a party to the litigation, who claims to be the owner thereof. The claimant may be required to give bond conditioned for the return or redelivery of the property if ordered to do so by the court.

CO-FIDUCIARY: One who serves as a fiduciary jointly with another, such as a co-administrator, co-executor, co-guardian, etc.

COLLATERAL: Anything of value pledged with the surety to secure it against loss by reason of default of the principal.

COLLUSIVE LOSS: A loss caused by two or more dishonest employees acting in consort.

COMMERCIAL BLANKET BOND: A blanket fidelity bond issued in a stated amount on all regular employees of commercial establishments covering against loss from employees’ dishonest acts.

COMMISSIONER OF INSURANCE: The official charged with enforcement of the laws pertaining to insurance in his/her state. In some jurisdictions this official is called the superintendent or director of insurance.

COMMITTEE: One appointed by a court to manage the estate of a person who has been declared incompetent. Also known as conservator or a curator.

COMPLETION BOND: One covering performance of a construction project that names as an obligee a lender or similar party in a position to invoke the performance features of the bond for its benefit without an obligation to provide funds or to complete.

CONDITION: The technical name of one of the four parts of a bond. The condition is not a qualification of coverage as with an insurance policy, but is the essence of the guarantee.

CONSERVATOR: A person, official, or institution designated to take over and protect the interests of an incompetent.

CONTINUITY CLAUSE: The clause in a bond, or rider attached to a bond, under which that bond, subject to its terms, assumes liability for any loss due to acts which occurred while a prior bond was in force, but which were not discovered until after the expiration of the discovery period of the prior bond.

CONTRACT BOND: A guarantee of the faithful performance of a construction contract and usually the payment of all labor and material bills related to it. In those situations where two bonds are required – one to cover performance and the other to cover payment of labor and materials – the former is known as a performance bond, and the latter as a payment bond.

CONTRACT PRICE: The whole sum of money which passes from an owner to contractor when final settlement is made between the two under the contract, the basis for the premium charge on most types of construction and supply contract bonds.

CONVERSION: The wrongful taking of property entrusted to one’s care.

CORPORATE SURETY: A corporation licensed under various insurance laws, which under its charter, has legal power to act as surety for others.

COST BOND: One required of a litigant conditioned for the payment of the costs of the litigation, such as fees of the court clerk, sheriff, etc.

CO-SURETY: One or two or more surety companies directly participating in a bond. Their obligation to the owner is joint and several, but often a limit of liability for each surety is stated as between themselves.

COUNTERSIGNATURE: A signature of a licensed domiciled agent or representative required by the laws of some states to validate the bond.

COURT BONDS:A general term embracing all bonds and undertakings required of participants in a lawsuit permitting them to pursue certain remedies in the courts.

CUMULATIVE LIABILITY: The aggregate amount of two or more bonds in behalf of the same principal (or in the case of fidelity or blanket bonds, in favor of the same obligee) filed in succession, where the succeeding bond(s) does not extinguish the liability under the prior bond(s) or the liability of the surety is the penalty of the bond times the number of years in force.

CUSTOMS BONDS: These bonds guarantee the payment of import duties and taxes, and compliance with regulations governing the entry of merchandise from foreign countries into the United States.

DEDUCTIBLE: An amount which is to be “deducted” from any loss and which the insured agrees to bear personally.

DEPOSITORY BOND: This guarantees repayment of moneys deposited with a bank in the event of the failure or insolvency of the bank. While this is now a negligible line of surety business, it was once a large one. The Federal Deposit Insurance Corporation (FDIC) now guarantees the payment of bank deposits.

DEPOSITORY LIABILITY: A public official is liable for public funds which he/she deposits in a bank and cannot pay over because of insolvency or failure of the bank. In many states, statutes provide for the designation of depositories for public funds and for the furnishing of collateral security by such depositories. Such laws, if interpreted strictly, usually exempt the public official and his/her surety from liability for loss through failure of any of the designated and qualified depositories.

DEPOSIT PREMIUM: The advance premium required by a surety company on those forms of bonds which are subject to premium adjustment.

DISCOVERY BOND: A form of fidelity bond which covers against dishonest or fraudulent acts of employees, provided such loss is discovered any time after the bond becomes effective and before it is terminated, irrespective of when the dishonest or fraudulent acts were committed.

DISCOVERY PERIOD: Under certain bonds and policies, provision is made to give the insured a period of time after the cancellation of a contract in which to discover whether a loss was sustained that would have been recoverable had the contract remained in force. This period usually varies from six months to three years. The period may be determined by statute; in certain bonds, it is of indefinite duration because of statutory requirement.

DISHONESTY INSURANCE: A generic term describing fidelity bond coverage guaranteeing against loss caused by dishonest officers or employees of a commercial firm or by dishonest public officials or employees.

EARNED PREMIUM: The premium amount which would compensate the surety for the protection furnished for the expired portion of the term of the bond.

EFFECTIVE DATE: The date from which bond coverage is provided.

ENDORSEMENT: A form attached to the bond to add to, alter, or vary its provisions. Sometimes called a rider.

EXCLUSION: A provision in a bond referring to perils or property not covered.

EXECUTOR: One named in a will to distribute and settle the estate of the testator.

EXPENSE RATIO: The percentage of the premium used to pay all costs of acquiring, writing, and servicing the bond.

EXPERIENCE: The loss record of either an individual or a class of coverage.

EXPERIENCE RATING:A plan available for fidelity bonds whereby surcharges or discounts are applied to premiums developed by those risks based on the actual past experience of such risks.

EXPIRATION: The date upon which a bond will cease to provide coverage unless previously cancelled.

FAITHFUL PERFORMANCE BOND:A type of bond where the coverage goes beyond protection against loss due to dishonesty or fraudulent acts of the principal; it provides protection to the named insured against loss by reason of the failure of the persons covered hereunder to faithfully perform their duties as prescribed by law or by the constitution and bylaws of the insured or their equivalent.

FIDELITY BOND:A bond which will indemnify an insured for loss caused by a dishonest act or fraudulent act of an employee covered under the bond. Also known as dishonesty insurance.

FIDUCIARY:A person who occupies a position of trust, particularly one who manages the affairs or funds of another.

FIDUCIARY BOND: Required of administrators, executors, guardians, committees, etc., guaranteeing faithful performance of duty in accordance with the laws applicable to the trust. Frequently called a probate bond because the bond is customarily filed in a probate court.

FINANCIAL GUARANTEE BOND:A bond that guarantees payment of a sum of money whether or not the exact amount is known or stated. Common types are: court bonds (appeal, etc.), lease bonds which guarantee payment of rent, etc.

FINANCIAL RESPONSIBILITY LAW: A statute requiring motorists to furnish, either before or after an accident, evidence of ability to pay damages. Such evidence may be furnished by a surety bond.

FINANCIAL STATEMENT: A balance sheet which the surety requires of an applicant for a bond (particularly a contractor), setting forth his/her financial position as of a given time or period.

FIXED PENALTY BOND: A bond for which the amount is expressed in terms of a stated and definite sum of money.

FORFEITURE BOND: A bond where the full penalty is payable upon breach of the condition regardless of the amount of loss or damage.

GARNISHMENT – BOND TO DISCHARGE OR RELEASE: When money or property belonging to a defendant has been attached while in the hands of a third party, the proceeding is called a garnishment and the third party is called the garnishee. The bond is similar to a release of attachment bond.

GROSS LOSS: The amount of loss before giving effect to reinsurance. Usually reported inclusive of claim expenses. It may also be considered as the loss without allowance for collection of salvage.

GUARDIAN AD LITEM: One appointed to preserve the assets of the estate of a minor during a litigation which delays the appointment of a general guardian.

HAZARD:A term applied to certain conditions which may create or increase the probability of a loss, because of a given peril.

HOLD-OVER PUBLIC OFFICIALS: Those who are elected or appointed to succeed themselves in office or who continue beyond the limits of their terms until their successors are appointed or elected.

IMMIGRANTS BOND: A class of federal bonds covering aliens who enter the United States legally.

INCOME TAX BONDS: These are given to guarantee payment of federal income taxes due or claimed to be due. They are direct financial guarantees and collateral usually is required.

INDEMNIFY: To compensate for actual direct loss sustained under a bond. There can be no recovery on a bond until the obligee has actually suffered a loss.

INDEMNITOR: One who enters into an agreement with a surety company to hold the surety harmless from any loss or expense it may sustain or incur on a bond issued on behalf of another.

INDEMNITY BOND: A general term describing any bond which protects the obligee against direct loss which may arise as a result of failure on the part of a principal to perform.

INDEMNITY TO SHERIFF OR MARSHAL: A sheriff or marshal, in the execution of the process of the courts, may incur liability for damage to a third party through an act or acts which turn out to be wrongful. Either official when requested to take some particular action, may require a bond of the party making the request. The bond covers the liability of the sheriff or marshal in that connection.

INDIVIDUAL FIDELITY BOND: A bond covering a single employee for a specified amount to protect the employer in the event of the employee’s dishonesty.

INJUNCTION – PLAINTIFF’S BOND TO SECURE: An injunction is a judicial process whereby the defendant is required to do or refrain from performing a particular act. An order granting an injunction may be on the condition that the plaintiff furnish a bond to indemnify the defendant against loss in case it is decided that the injunction should not have been granted.

INJUNCTION – DEFENDANT’S BOND TO DISSOLVE: When an injunction has been issued, the court may order the injunction dissolved upon the giving of a bond. The bond guarantees payment the plaintiff may sustain as a result of the performance of the act or acts originally enjoined. It is then the privilege of the defendant to proceed as if the injunction had never been issued.

INSURING CLAUSE: That part of a bond or policy which recites the agreement of the insurer to protect the insured against some form of loss or damage. Also known as an insuring agreement.

INTESTATE: One who dies without a legal will.

INTERNAL REVENUE BONDS: A class of federal bonds which guarantee compliance of producers of distilled spirits, tobacco, etc., with applicable laws and regulations, as well as the payment of taxes.

JOINT CONTROL: An arrangement by written agreement between a fiduciary and a surety, acknowledged by the bank in which funds are deposited or securities lodged so that the funds or securities are controlled by both parties; usually all checks are required to be signed by the fiduciary and countersigned by an authorized representative of the surety and access to the securities can be had only in the presence of an authorized representative of the surety.

JOINT VENTURE: A joining of the financial resources and skills of several contractors to undertake contracts of construction too large for their individual and separate abilities.

LABOR AND MATERIAL BOND: A bond given by a contractor to guarantee payment for the labor and material used in the work which he/she is obligated to perform under the contract. This liability may be contained in the performance bond, in which case a separate labor and material bond (payment bond) is not given.

LIABILITY: This is a broad term denoting any legally enforceable obligation.

LIBEL – BOND TO DISCHARGE OR RELEASE: When a warrant for the seizure of a ship has been issued, the marshal is required to stay execution of the process, or discharge the ship if process has been levied, on receiving from the owner of the ship a bond or stipulation conditioned to comply with the decree of court in the action.

LICENSE BOND: Used interchangeably with the term “permit bond” to describe bonds required by state law, municipal ordinance or regulation, to be filed prior to the granting of a license to engage in a particular business or a permit to exercise a particular privilege. Such bonds provide payment to the obligee for loss or damage resulting from violations by the licensee of the duties and obligations imposed upon him/her.

LIEN: A charge upon real or personal property for the satisfaction of a debt.

LIMIT OF LIABILITY: The maximum amount which a surety company will pay in case of loss. Sometimes called the bond penalty.

LOSS RATIO: The percentage of losses to premiums.

LOST INSTRUMENT BOND: A bond given by the owner of a valuable security (stock, bond, promissory note, certified check, etc.) which is alleged to have been lost or destroyed. It protects the issuer of the security against loss which may result from the reinsurance of a duplicate or, in some instances, payment of cash value thereof.

MAINTENANCE BOND: The normal coverage provided by a maintenance bond is a guarantee against defective workmanship or materials. However, maintenance bonds sometimes incorporate an obligation guaranteeing “efficient or successful operation” or other obligations of like intent and purpose.

MECHANICS LIEN – BOND TO DISCHARGE: A lien against real estate may be filed for an amount claimed to be due for labor or materials furnished for the construction of a building or other improvement upon the property. Pending final determination of the owner’s liability, the owner may discharge the lien by giving bond conditioned for the payment of any amount that may be found due to claimant with interest and costs.

MINIMUM PREMIUM: The least amount a surety company may charge for a particular bond for a designated period.

MORAL HAZARD: The possibility of loss caused or accentuated by dishonesty or carelessness of the insured or others.

NAME SCHEDULE BOND:A fidelity bond which covers the employees listed in a schedule, each for a specified amount.

OBLIGEE: The party in whose favor a bond runs; the party protected by the bond against loss. An obligee may be a person, firm, corporation, government, or an agency of a government.

OBLIGOR: Sometimes called the principal, or one bound by the obligation. Under a surety bond, both principal and surety are in a sense, obligors, since the surety must answer if the principal defaults.

OPEN DEFAULT BOND:Where a judgment has been entered by default, the defendant may, under certain circumstances, have the case reopened and tried on its merits, upon giving a bond conditioned for the payment of any judgment that may be rendered in the action.

OPEN PENALTY BOND: A surety bond written without a limit on the liability of the principal or surety. Under the regulations of the federal government and the laws of many of the states, surety companies are not permitted to obligate themselves on any one bond for an amount greater than a specified percentage of their capital and surplus (qualifying power).

PENAL SUM: The maximum amount for which a surety company may normally be held liable under the bond. Also called the bond penalty. See also limit of liability.

PERFORMANCE BOND: A bond which guarantees faithful performance of the terms of a written contractor for furnishing supplies or for construction of all kinds. Performance bonds frequently incorporate payment bond (labor and materials) and maintenance bond liability.

PERSONAL SURETY: An individual who acts as surety for another, who may or may not charge a fee for his/her guarantee, and usually is not regulated by any government agency, such as is the corporate surety.

PETITIONING CREDITORS’ BOND: When a petition is filed to have a person adjudged a bankrupt, an application is made to have a receiver or a marshal take charge of the property of the alleged bankrupt prior to the adjudication, the petitioners are required to give bond to indemnify the alleged bankrupt for such costs, counsel fees, expenses, and damages as may be occasioned by such seizure, in case the petition be dismissed or withdrawn by the petitioners.

POSITION SCHEDULE BOND: A fidelity bond which covers employees who may, while the bond is in force, occupy and perform the duties of the positions scheduled in the bond, each position being covered for a specific amount.

POWER OF ATTORNEY: The authority given one person or corporation to act for and obligate another, to the extent set forth in the instrument creating the power.

PREMIUM:The fee to be paid for the bond. The cost of the bond.

PRINCIPAL: The one who is primarily bound on a bond furnished by a surety company.

PROBATE BOND: One that guarantees an honest accounting and faithful performance of duties by administrators, trustees, guardians, executors, and other fiduciaries. So called because such bonds are customarily filed in a probate court. Also known as fiduciary bond.

PRO RATE CANCELLATION: Cancellation of a bond when the portion of the premium returned is the full proportionate part due for the unexpired period. Distinguished from short rate cancellation.

PUBLIC OFFICIAL BOND: A bond that guarantees faithful performance of duty of a public official in a position of trust; also provides for an honest accounting of all public funds handled by him/her. Such bond is given to comply with a statute and, therefore, carries whatever liability the statute imposes.

QUALIFYING POWER: The largest net amount of risk which may be carried by a surety company on a bond.

RATE: The cost of a unit of bond coverage. Such unit is usually in the denomination of $1,000.

RATE MANUAL: A book published by the Surety Association of America or by individual surety companies giving rates and classifications for bonds.

RECITAL: That portion of a surety bond usually commencing with the word “Whereas” which describes the transaction for which the bond is given. In the case of a guarantee of a contract it generally incorporates the contract by reference.

RECOVERY: Reimbursement received by a surety from a reinsurer, or by a subrogation, or from salvage following a loss.

REFUNDING BOND – RATE LITIGATION: This term is applicable to any bond conditioned for future return, if ordered, of money which the principal was allowed to charge and retain pending final determination or decision in a contested matter.

REMOVAL BOND: Where a case originally brought in a state court is removed to the federal court, the defendant is required to give bond for the payment of costs in federal court if the case is found to have been improperly removed. Similar bonds may be required on removal of a case from one state court to another.

REPLEVIN – PLAINTIFF’S BOND TO SECURE: Replevin is an action to recover possession of specific articles of personal property. The replevin bond, which the plaintiff is required to furnish, is conditioned for the return of the property, if return is ordered, and for the payment of all costs and damages adjudged to the defendant.

REPLEVIN – DEFENDANT’S BOND TO RECOVER PROPERTY REPLEVIED: Where personal property has been replevied, the defendant may, by the furnishing of a bond, regain possession of the property, pending final decision on the merits. The bond is conditioned for redelivery of property to the plaintiff, if ordered to do so, or otherwise to comply with a court order or judgment.

RETROACTIVE RESTORATION: A provision in a bond whereby, after payment of a loss, the original amount of coverage is automatically restored to take care of undiscovered losses as well as future losses.

RIDER: A printed form of special provision added to a bond. Sometimes called an endorsement.

SALVAGE: That which is recovered from the principal or an indemnitor to offset in whole or in part the loss and expense incurred by a surety in satisfying obligations it has sustained under a bond.

SCHEDULE BOND: One that covers loss resulting from dishonest or fraudulent acts of employees who are listed either by name or by positions scheduled in the bond.

SHORT RATE – SHORT RATE CANCELLATION: The charge required for bonds taken for less than a year, and in some cases, the earned premium for bonds cancelled by the insured before the end of the term of the bond; i.e., the earned premium plus an expense charge.

SHORT TERM BONDS: Those covering fiduciaries whose duties are to collect the assets of the decedent, pay the debts, and distribute the remainder according to law. These bonds are usually less than two years duration.

STATUTORY BOND: A term generally used describing a bond given in compliance with a statute. Such a bond must carry whatever liability the statute imposes on the principal and the surety.

STAY OF EXECUTION: A bond to stay or suspend execution on a judgment. It guarantees the payment of the judgment upon termination of the stay.

SUBCONTRACT BOND:One required by a general contractor of a subcontractor, guaranteeing that the subcontractor will faithfully perform the subcontract in accordance with its terms and will pay for labor and material incurred in the prosecution of the subcontracted work.

SUBDIVISION BOND: Many municipalities provide by ordinance that a developer who undertakes to lay out a housing or industrial subdivision shall give bond with surety to guarantee that, within a specified time, improvements on the property, such as streets, sidewalks, curbs, gutters, and sewers will be constructed.

SUBROGATION: The legal or equitable process by which a surety company obtains from a third party recovery of an amount paid out by the surety to the obligee or a claimant under the bond.

SUPERSEDEAS BOND: This is a bond to supersede or take the place of a judgment, and coverage is substantially the same as under a defendant’s appeal bond.

SUPERSEDED SURETYSHIP: When a company writes a bond to take the place of another bond which is cancelled on the effective date of the new bond, a rider is generally attached (unless the bond itself contains a superseded suretyship provision) agreeing to pay losses that would have been recoverable under the first bond except for the expiration of the discovery period.

SUPPLY BOND: A bond which guarantees faithful performance of a contract to furnish supplies or materials. In the event of a default by the supplier, the surety must indemnify the purchaser of the supplies against the loss occasioned thereby.

SURETY BOND: An agreement providing for monetary compensation should there be a failure to perform specified acts within a stated period.

SURETYSHIP: Refers to obligations to pay the debts of, or answer for, the default of another. It assumes a legal relationship based upon the contract in which one person (the surety) undertakes to answer to another (the obligee) for the debt, default, or miscarriage of a third person (the principal) resulting from the third person’s failure to pay or perform as required by an underlying contract.

TERM: A period of time for which a bond is issued.

TESTATOR: One who makes a will.

THIRD PARTY BOND: A license bond which gives parties other than the named obligee a right of action in their own name to recover loss or damage resulting from a breach by the licensee of his/her obligations under the law, ordinance or regulations under which the bond is required.

TREASURY LIMITS: These are qualifying limits imposed upon surety companies by the United States Treasury Department.

TRUSTEE:One named in a will or deed of trust to manage property for the benefit of another.

UNDERWRITER: An officer or employee of a surety company who has the responsibility for accepting risks.

PLEASE NOTE:

This document is provided for informational purposes ONLY and is not intended to serve as legal advice and is no substitute for consulting legal counsel.

Our California Resources Link List

Our team has put together a useful list of bond resources to guide and help you through the bonding process. Now you can research the laws and regulations,the different California codes, judicial branches, bar associations, courts in your area and more

Call us today at 800-921-1008 for a quick free quote or more information.

We at Bernard Fleischer & Sons (www.BFBOND.com) offer surety bonds and we are proud of our long history of excellent customer service. We take a comprehensive approach to your surety needs, looking for ways to help you grow your business. We strive to find ways to help contractors get the surety credit they need. We offer the following surety bond services:

Bid BondsA guarantee that the contractor will enter into a contract, if it is awarded to him, and furnish a contract bond (sometimes called “performance bond”) as is required by the terms of the contract.

Payment Bonds
A bond to assure payment of a contractor’s obligations to its subcontractor’s and suppliers. Payment bonds are usually required on public works projects and often required on private projects.

Mortgage Broker BondsMortgage Broker bonds legally provide mortgages to home owners. To qualify you must complete an application and have a credit score that qualifies.

Performance BondsPerformance Bonds guarantee performance of the terms of a written contract. Performance Bonds often, but not always, incorporate payment bond and maintenance bond liability.

Good news! Effective immediately, CNA Surety & bfbond.com will now accept FastTrack Applications for small contractors bidding work in Nassau and Suffolk Counties, New York which was previously restricted areas. Many small contractors will soon be bidding on public works projects and/or to General Contractor’s for upcoming subcontracts. Yes, the active bidding season is here and we are excited to include Nassau and Suffolk Counties!

bfbond.com Along with CNA Surety’s FastTrack program is designed to meet your small contractor’s needs. We’ve streamlined our underwriting for small contractors utilizing our FastTrack program. No financial statements are required for projects up to $200,000, FastTrack program available for up to $400,000 and our easy FastTrack Application only takes a few minutes to complete. We welcome the opportunity to help you with your urgent Bid or Performance & Payment Bond needs.

Our experienced team of underwriters are standing by to provide you with the best service in the industry. We know the importance of a timely response when considering bid bonds. A thoroughly completed FastTrack Application allows our staff to respond quickly, many times in less than 24 hours!

Don’t forget CNA Surety offers an online automation tool to streamline the issuance of contract bonds. When using our online form it allows you to submit the FastTrack Application and receive quotes, acknowledgments, and bonds from us electronically! Visit www.bfbond.com, contact us at JW@bfbond.com or call us at 1-800-921-1008 with any questions. CNA writes more bonds than any other company in the industry THEY WANT YOUR BUSINESS!

Do you trust your GPS system to tell you what the most viable short-cut might be to get you to your destination? The other day a friend told me a quicker way to avoid traffic in the neighborhood during rush hour and I was surprised that the GPS had never recommended that route. Sometimes the best short-cuts come from the advice of friends. It’s kind of that way with placing bonds, and in the past three months agents have written almost $125,000 in bonds through BFBOND.COM Markets.BFBOND.com’s Short-Cut Bond Program is for companies with smaller contract bond needs.

BFBOND.COM works with a variety of sureties under our Short-Cut Bond Program – and each of these sureties has their own unique underwriting requirements. So, even if one surety is unable or unwilling to entertain a particular risk, Goldleaf does have other options. Because BFBOND.Com has access to several surety markets with similar programs, we may be able to assist your insured even if they have already been denied due to the owners’ personal credit scores or the type of work being performed.

And, if necessary, BFBOND.Com has access to over two dozen surety markets – ranging from “standard” surety markets, to those with departments having strong “commercial” expertise, to “specialty” surety markets – giving Goldleaf the ability to redirect and find a different way help your insured obtain the bonding support they need.

Finally, BFBOND.Com’s staff will do a good job of helping you or your clients migrate out of these programs to get expanded surety lines of credit – rather than allowing contractors to get “trapped” in these small programs where they do not receive any surety counsel that is needed to help them grow.

For more information on BFBOND.COM’s Short-Cut Bond Program – or about helping you or your clients with their bond needs – log in to www.bfbond.com or email us at jw@bfbond.com and an underwriter will contact you.